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Legal News

Newnan Personal Injury Lawyer - Lawsuit Settles for $7 Million
Posted on 3/9/2010

Atlanta Accident Attorney
Posted on 2/16/2010

Fayetteville & Peachtree City, Georgia Bicyclist Lawyer
Posted on 2/7/2010

Fayette County, Fayetteville, Georgia Auto Accidents Lawyer
Posted on 2/7/2010

Atlanta RSD Accident Attorney - RSD Claim Rejected by Jury
Posted on 2/3/2010

Atlanta Drunk Driving Accident Lawyer
Posted on 1/21/2010

Clayton County Injury Lawyer
Posted on 10/28/2009

Bibb County DUI Injury
Posted on 10/27/2009

Car Accident Risks Rise as Uninsured Motorist Rolls Increase
Posted on 12/19/2008

Appeals court upholds $16 million verdict against Allstate
Posted on 7/31/2008

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Car Accidents / Automobile Accidents

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Georgia Seat Belt Laws & Pickup Drivers

Georgia seat belt laws require everyone over the age of 18 to wear a safety belt when driving or riding in the front seat of a passenger vehicle. Failure to buckle up results in a $15 fine. The driver is also responsible for ensuring that everyone aged 6 – 17 is wearing a seatbelt, regardless of whether they are in the front or back seats. If a child is not wearing a safety belt, the penalty is a $25 fine. Children under the age of 6 are required to be in an age/weight appropriate child restraint or booster seat. The failure to belt a child under the age of 6 is a $50 fine.

Georgia is a primary enforcement state, meaning that police officers are authorized to pull drivers over solely to issue a seatbelt ticket.

Interestingly, Georgia law exempts pickup trucks from the seat belt requirement. The legislature decided not to include pickup trucks in the definition of “passenger vehicle” because of a fear that the law would inconvenience farmers. Georgia is the only state in the nation that continues to exempt safety belt use in pickup trucks.

Several surveys have shown that safety belt use is especially low in rural areas and among pickup truck drivers. The Georgia Governor’s Office of Highway Safety reports that pickup truck occupants use safety belts about 62.5% of the time, compared to 83.5% usage for other auto drivers. The gap in safety belt usage results in a higher fatality rate for pickup drivers involved in accidents. In 2005, there were 4,649 truck drivers and passengers who were killed in car crashes. A whopping 30% of those who died were not wearing safety belts.

The problem is two-fold for pickup truck drivers. Not only is the failure to buckle up unsafe, but the rural, wooded areas that pickup trucks are most often driven on are the most frequent crash sites in the Southeast, according to Karen Dixon of Georgia Tech. Dixon headed a regional study funded by the Federal Highway Administration and found that on rural roads, 48.6% of the regions fatal crashes involved unbelted pickup drivers.

This exemption, according to state Rep. Calvin Hill, from suburban Atlanta, results in 50-70 deaths a year and 5,000 serious injuries. The total bill to the state comes to about $20 million in Medicaid expenses, Hill says.

Georgia’s refusal to enact a law that includes pickup trucks also means that the state is missing out on $20.7 million in federal highway funding. Recently, the state of Indiana passed a law that rescinded their pickup exemption. After passing the law, Indiana received $15.7 million in federal highway funding.


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Jason R. Schultz
PO Box 2270
Peachtree City, GA 30269
Phone: (404) 474-0804
Fax: (770) 692-3326
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FAQs

Car Accidents / Automobile Accidents

I just picked up my car from the body shop and noticed that the replaced rear window was an aftermarket window and not the original equipment manufacturer (OEM) part.  I asked the body shop about it and they said that the insurance company would not approve the OEM part.  Can I make the insurance company pay for the OEM part and get that placed on my car?

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I didn't see a doctor for five months after the accident. Now, the insurance company is saying there is a time limit to see a doctor and they won't pay me. Is this true? Is there a time limit to see a doctor?

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I have been in a car accident and my doctor [hospital, chiropractor, fill in the _____] does not want me to submit my bills to my health insurance company. Is this a good idea?

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I've been in a car wreck and I've received a letter from my own health insurance company demanding that I pay the medical bills back if i get a recovery in my automobile accident case.  Do I really have to pay them back and is that legal? ...

What are the laws about riding a 16 year-old on the back of a pick-up truck here in Georgia?...

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Case Results

Car Accidents / Automobile Accidents

$935,000 - Cloninger v. AutoNation, State Court of Cobb County, Marietta, Georgia

Awarded: $935,000

$875,000 - Stamper v. Georgia DOT, Mcintosh County, Georgia

Awarded: $875,000

Pedestrian Hit while in Crosswalk causing pelvic fractures and need for skin grafts on hand

Awarded: $700,000

$525,000 - Wilhite v. Gwinnett County, State Court of Gwinnett County, Lawrenceville, Georgia.

Awarded: $525,000

Cervical Fusion Results in Settlement - $500,000

Awarded: $500,000

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